appeal and other miscellaneous

Question 1

appeal from convictions

Answer 1

s374
- person convicted by HC may appeal to SC
- person convicted by magistrate or sessions court with punishment for more than 7 years- appeal in HC
- if it is less than 7 years= appeal in court of sessions

Question 2

criminal law amendment act 2018- appeal

Answer 2

if an appeal is filed against a sentence passed in IPC 376- cases must be siposed of within 2 months

s374 crpc

Question 2

criminal law amendment act 2018- appeal

Answer 2

if an appeal is filed against a sentence passed in IPC 376- cases must be siposed of within 2 months

s374 crpc

Question 3

when is appeal not allowed

Answer 3

375- accused pleads guilty no appeal
376- no appeal in petty cases
1. HC- not exceeding 6mo and fine less than 1000
2. court of session/mm= not exceeding 3 months and fine less that 200 or both
3. summary case= only fine not exceeding 200

if any other punishment is included- appela is possible

Question 4

Arun Kumar vs. State of Uttar Pradesh

Answer 4

Supreme Court held that if the High Court found that the view taken by the Sessions Judge to acquit the appellants was manifestly wrong, moreover, it even led to miscarriage of justice, therefore, the High Court was correct in setting aside this acquittal and convicting them.

Question 5

Hari Shankar vs Rao Ghari Chowdhury

Answer 5

the distinction between an appeal and a revision is a real one. A right of appeal carries with it a right of rehearing on law as well as fact, unless the statute conferring the right of appeal limits the rehearing in some way as. The power to hear a revision is generally given to a superior Court so that it may satisfy itself that a particular case has been decided according to law

Question 6

Section 397 of CrPC

Answer 6

Revision- High Court or any Sessions Judge have been empowered to call for and examine the records of any proceeding satisfy oneself:

as to the correctness, legality, or propriety of any finding, sentence or order, whether recorded or passed, and
as to the regularity of any proceedings of an inferior court.

Question 7

statutory limits of revision

Answer 7

• An accused is to be given due opportunity to hear him and on order cannot be passed unless this is followed.
• In instances where a person has forwarded a revisional application assuming that an appeal did not lie in such a case, the High Court has to treat such application as an appeal in the interests of justice.
• An application of revision cannot be proceeded with if it has been filed by a party where the party could have appealed but did not go for it.

Question 8

Roshan beevi v joint secretaty to govt

Answer 8

in order to arrest- there must be:
1. intent to arrest under legal authority
2. seizure of detention of person
3. lawful custody
4. must be actual confinifg of person not just oral decleration of arrest

Question 9

Reference and revision

Answer 9

395- reference to HC- . If a case involves the validity of any Act, Ordinance, or Regulation necessary for case
disposal, and the Court believes it to be invalid or inoperative, it will state a case and
refer it to the High Court

Question 10

revision

Answer 10

Section 397 - Calling for records to exercise powers of revision:
1. The High Court or any Sessions Judge may call for and examine records from inferior
Criminal Courts within their jurisdiction to ensure the correctness, legality, propriety, and
regularity of any finding, sentence, order, or proceeding. They may suspend the execution
of any sentence or order and release the accused on bail or their own bond.
2. Revision powers cannot be exercised for interlocutory orders.
3. No further application can be entertained by the High Court or Sessions Judge if an
application has already been made by the same person

Question 11

• High Court’s powers of revision:

Answer 11

Section 401
3. The High Court cannot convert a finding of acquittal into a conviction. (but in case of arun kumar it can convict)
4. No revision proceedings can be entertained if an appeal is available but not brought.
5. The High Court may treat an application for revision as a petition of appeal in the interest
of justice.

Question 12

appeal to supreme court

Answer 12

• if previously convicted by high court through extraordinary original criminal jurisdiction
• will also apply when HC reverses sentence of acquittal and convicts with severe sentences.